The all-inclusiveColorado prenup

The controlling statute & cases

What law governs prenups in Colorado?

Prenuptial agreements executed on or after July 1, 2014, are governed by Colorado's Uniform Premarital and Marital Agreements Act ("UPMAA"), codified at Colo. Rev. Stat. §§ 14-2-301 through 14-2-313. The Act establishes the rules for creating, enforcing, modifying, and challenging both premarital and marital agreements. Unlike Colorado's previous law, the current statute governs both agreements signed before marriage and agreements signed after marriage (commonly called postnuptial agreements), providing a single framework for marital contracts.

The statute addresses topics including:

• execution requirements;
• financial disclosures;
• independent legal representation;
• enforceability;
• unconscionability;
• permissible contract terms;
• unenforceable provisions;
• amendments and revocations.

Is Colorado a UPAA state?

Yes, but Colorado has actually adopted the newer version of the Uniform Premarital Agreement Act (UPAA), known as the Uniform Premarital and Marital Agreements Act (UPMAA), which expands the protections available to parties entering marital agreements. One of the most significant differences is the emphasis on procedural fairness. Colorado's law provides detailed protections regarding access to independent legal representation, mandatory financial disclosure, and statutory warning language when a party chooses not to retain counsel.

When did Colorado adopt the current law?

Colorado's Uniform Premarital and Marital Agreements Act became effective on July 1, 2014. Agreements signed before that date may be governed by Colorado's former Premarital Agreement Act, while agreements signed on or after July 1, 2014, are governed by the current statute.

Requirements for a Colorado prenup

Does a prenup have to be in writing in Colorado?

Yes. Colorado law requires every premarital agreement to be in a written record and signed by both parties. Oral agreements are not enforceable. Unlike many contracts, a prenup does not require separate consideration. The mutual promises contained in the agreement are sufficient. (Colo. Rev. Stat. § 14-2-306).

Requirements:

• In a written record
• Signed by both parties
• Entered into voluntarily
• Reasonable financial disclosure
• Meaningful access to independent legal representation
• Statutory waiver language if a party is unrepresented

Does a prenup need to be notarized in Colorado?

Interestingly, the Colorado prenuptial agreement statute does not require notarization. Colorado law requires only that the agreement be in writing and signed by both parties. (Colo. Rev. Stat. § 14-2-307). Although notarization is not a statutory requirement, most attorneys still recommend having signatures notarized because it provides additional evidence that the agreement was properly executed and can make signature authentication easier if the agreement is challenged years later.

Do both people need lawyers?

Not necessarily, but Colorado places considerable emphasis on each party having meaningful access to independent legal representation. A premarital agreement may be unenforceable if the challenging party proves they did not have access to independent legal representation as required by the statute. Colorado law explains what constitutes "access," including having a reasonable opportunity to decide whether to hire an attorney, locate counsel, obtain advice, and consider that advice before signing.

If one party proceeds without an attorney, the agreement generally must include specific statutory waiver language informing that person of the rights they may be giving up. Although separate lawyers are not technically mandatory, independent representation is one of the strongest ways to protect an agreement from future challenges.

How long before the wedding do we need to sign our prenup in Colorado?

Colorado law does not require a prenuptial agreement to be signed a certain number of days before the wedding. Unlike some states, there is no statutory waiting period. Even so, waiting until the last minute can create questions about whether the agreement was signed voluntarily or whether each party had a meaningful opportunity to consult independent legal counsel. For that reason, it's generally best to finalize and sign a Colorado prenup a few weeks before the wedding, giving both parties sufficient time to review the agreement, ask questions, and make any necessary revisions.

With that said, Colorado courts have enforced prenups signed shortly before the wedding. For example, in In re Marriage of Zimmer and Sherry, the Colorado couple executed their prenup agreement one week before their marriage, and the Colorado Court of Appeals enforced the agreement. The court treated the agreement as an enforceable contract and interpreted its language according to ordinary principles of contract law, rather than suggesting that the timing of execution alone rendered the agreement unenforceable.

Do we have to disclose our finances?

Yes. Colorado requires meaningful financial disclosure before a premarital agreement is signed. (Colo. Rev. Stat. § 14-2-309). If a party later proves that they did not receive reasonably accurate information regarding the other person's property, income, debts, or financial obligations, and did not knowingly waive that disclosure, the agreement may be declared unenforceable. In practice, attorneys typically exchange detailed financial schedules listing:

• income;
• real estate;
• bank accounts;
• retirement assets;
• investment accounts;
• businesses;
• debts;
• expected inheritances.

Providing complete disclosure is one of the most effective ways to strengthen a prenup.

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What can & can't be in a Colorado prenup

Does cheating void a prenup in Colorado?

No, cheating does not void a prenuptial agreement in Colorado. Colorado is a no-fault divorce state, meaning courts look only at whether the marriage is "irretrievably broken," not at which spouse behaved badly or why the relationship ended. Colo. Rev. Stat. § 14-10-106. Because "fault" (i.e., spousal misconduct) isn't part of the divorce calculus, it generally isn't part of the prenup calculus either. A prenuptial agreement is enforced (or not) based on Colorado's Uniform Premarital and Marital Agreements Act and other standard contract principles like voluntariness, disclosure, and unconscionability, not on whether one spouse was unfaithful.

Are infidelity clauses enforceable in Colorado?

According to Colorado prenup attorney, Kendra Strong-Tehrani, "An infidelity clause in your prenup might make you feel better, but probably wouldn't survive in the courtroom. Colorado courts have yet to publish a decision enforcing one, and because Colorado is a no-fault divorce state, the fact that there was infidelity is irrelevant. The court generally doesn't care who caused the marriage to end, even if someone cheated." So while the reasoning strongly suggests Colorado courts would treat these clauses skeptically or refuse to enforce them, it is possible that an infidelity clause would be enforceable if an appellate case came down and stated otherwise. If this matters for your situation, it's worth having a Colorado family law attorney confirm the current state of the law.

Can a prenup decide child custody?

No. Colorado courts decide parenting responsibilities according to the child's best interests at the time of the dispute, not based on an agreement signed before marriage. (Colo. Rev. Stat. § 14-10-124). Even if both parents agree in advance regarding custody arrangements, a court is not bound by those provisions years later because children's needs and family circumstances can change substantially over time.

Can a prenup waive child support?

No. A child's right to financial support belongs to the child, not the parents. Because of that, parents cannot eliminate or reduce future child support obligations through a premarital agreement. Any provision attempting to do so will not be enforced under Colorado law.

Can a prenup include an embryo or reproductive-property clause in Colorado?

Embryo clauses in a Colorado prenup Rachel Wexler, Esq. Colorado Family Law Attorney

Yes. Couples who already have frozen embryos, or who expect to pursue IVF, can use a prenup to decide in advance what happens to those embryos if the relationship ends. This matters in Colorado because the state has litigated the question at the highest level. In In re Marriage of Rooks, 429 P.3d 579 (2018), the Colorado Supreme Court held that when spouses disagree about the fate of their cryopreserved embryos a court must balance the parties' competing interests, and it recognized that couples are far better served by deciding these issues by agreement in advance than by leaving them to a judge.

An embryo or reproductive-property clause lets you agree now on questions like who controls the embryos, whether they may be used to have a child, and who is responsible for storage costs, so those terms are settled before an emotional dispute ever arises. Because this area of law is still developing, it's worth having a Colorado family law attorney review any reproductive-property provision.

Marital property in Colorado

Is Colorado a community property state?

No. Colorado is an equitable distribution state, not a community property state. If a married couple divorces without a valid prenuptial agreement, a court will divide their marital property in a manner it considers fair, which does not necessarily mean an equal 50/50 split. (Colo. Rev. Stat. § 14-10-113). In making that determination, the court considers factors such as each spouse's contributions to acquiring marital property (including contributions as a homemaker), the value of each spouse's separate property, the parties' economic circumstances, and changes in the value of separate property during the marriage. A well-drafted prenup allows couples to replace many of these default rules with their own agreement, giving them greater certainty over how property will be treated if the marriage ends.

What is considered marital property in Colorado?

Under Colorado law, marital property generally includes all property acquired by either spouse after the marriage and before a decree of legal separation, regardless of whose name appears on the title. (Colo. Rev. Stat. § 14-10-113). This presumption applies to assets ranging from real estate and investment accounts to retirement benefits and business interests acquired during the marriage.

Examples of marital property often include:

• Homes purchased during the marriage
• Wages and employment income earned during the marriage
• Joint and individual bank accounts funded during the marriage
• Retirement benefits earned during the marriage
• Investment accounts opened or funded during the marriage
• Businesses started during the marriage
• Vehicles and other personal property purchased during the marriage

Even property titled in only one spouse's name may still be marital property if it was acquired during the marriage.

What is considered separate property in Colorado?

Colorado law excludes certain categories of property from the marital estate. Separate property generally includes:

• Property owned before the marriage;
• Property received by gift or inheritance during the marriage;
• Property acquired in exchange for separate property;
• Property acquired after a decree of legal separation; and
• Property that the spouses have excluded from the marital estate through a valid premarital or marital agreement. (Colo. Rev. Stat. § 14-10-113).

Simply owning separate property before marriage does not necessarily mean every dollar of its future value remains separate. Colorado law treats certain appreciation differently, making careful drafting especially important for couples with significant premarital assets.

Can a prenup protect separate property in Colorado?

Yes. One of the primary purposes of a Colorado prenuptial agreement is to preserve separate property that might otherwise become partially subject to division during a divorce. For example, a prenup may specify that:

• a home owned before marriage remains separate property;
• a closely held business remains the owner's separate property;
• future appreciation belongs solely to the original owner;
• income generated from separate assets remains separate rather than becoming marital property; or
• one spouse will not acquire an ownership interest in certain investments simply because the marriage continues.

Without a prenup, disputes often arise over whether marital efforts, marital funds, or appreciation have created a marital interest in an otherwise separate asset.

Can a prenup protect a business in Colorado?

Yes. Business owners frequently use prenups to avoid future disputes over ownership, valuation, and appreciation.

A Colorado prenup may provide that:

• a business owned before marriage remains separate property;
• future ownership interests remain separate;
• increases in value belong exclusively to the owner;
• Business debts remain with the owner;
• the non-owner spouse waives any future ownership claim.

These provisions can be particularly valuable for entrepreneurs, physicians, professional practices, family-owned companies, and startup founders whose businesses may appreciate substantially during the marriage.

Can a prenup protect an inheritance in Colorado?

Yes. Inheritance received by one spouse is generally separate property under Colorado law. (Colo. Rev. Stat. § 14-10-113). However, inheritances can become more difficult to trace if they are mixed with marital funds or used to purchase jointly titled assets. A prenup can provide additional protection by stating that:

• future inheritances remain separate;
• appreciation on inherited assets remains separate;
• income generated by inherited assets belongs solely to the beneficiary spouse;
• inherited real estate remains separate regardless of marital use; and
• inherited assets will not be divided upon divorce.

These provisions often reduce the likelihood of future litigation over tracing inherited assets.

Spousal support in Colorado

Can a prenup waive alimony in Colorado?

Yes, subject to important limitations. Colorado permits couples to address spousal maintenance (commonly called alimony in some states) in a prenuptial agreement. The parties may waive maintenance entirely, limit its amount or duration, or establish their own formula for future payments.

However, those provisions remain subject to Colorado's enforceability requirements. If a court concludes that the agreement was not entered into voluntarily or otherwise fails the requirements of the UPMAA, the maintenance provision may not be enforced. Additionally, Colorado courts retain authority to refuse enforcement in limited circumstances permitted by statute. (Colo. Rev. Stat. § 14-2-309(1)).

How is alimony determined in Colorado if there isn't a prenup?

If the parties do not have an enforceable agreement governing maintenance, Colorado courts apply (Colo. Rev. Stat. § 14-10-114). The court first evaluates whether maintenance is appropriate after considering factors such as:

• each spouse's income;
• financial resources;
• property received in the divorce;
• reasonable financial needs established during the marriage;
• each spouse's earning capacity;
• the length of the marriage; and
• other statutory factors.

For many cases involving combined incomes below the statutory threshold, Colorado provides advisory maintenance guidelines. These guidelines help promote consistency, but they do not create a mandatory award. Judges retain discretion to enter a maintenance order that is fair and equitable under the particular facts of the case.

Can a prenup include an infidelity clause affecting alimony?

Colorado law does not clearly authorize infidelity (or "lifestyle") clauses in prenuptial agreements, and such clauses face a significant legal obstacle under the state's Uniform Premarital and Marital Agreements Act (UPMAA): any term in a premarital agreement that violates public policy is unenforceable. Colorado's UPMAA expressly limits what terms may be included: a term in a premarital agreement is not enforceable to the extent that it violates public policy (Colo. Rev. Stat. § 14-2-310). This public policy limitation is the primary barrier to enforcing infidelity clauses in Colorado.

Since Colorado is a no-fault divorce state, and its courts have historically been cautious about prenuptial provisions that attempt to regulate marital conduct or penalize fault-based behavior. The Colorado Supreme Court in Newman v. Newman voided an earlier prenup agreement that made the marriage a sham, reaffirming that agreements which undermine the integrity of the marital relationship are contrary to public policy (Newman v. Newman, 653 P.2d 728 (1982)).

How much does a prenup cost in Colorado?

How much does a prenup cost in Colorado?

Colorado prenup attorney, Kendra Strong-Tehrani, explains how her firm structures fees for prenups in Colorado: "We have a flat-fee/hybrid billing for prenups and postnups. If we are the drafting firm, the flat fee is $2,500. This includes an attorney consultation (30-min), planning/design (1-hour), drafting and one round of revisions, in-person signing, and notary services at our office. Any additional meetings and revisions are billed at an hourly rate of $300.00. If we are not the drafting firm and only independent review/small revisions are needed, we bill a flat fee of $1,200. This includes a 1-hour attorney meeting for consultation/review/revisions. Any additional meetings and revisions are billed at an hourly rate of $300.00."

With that said, this is just one Colorado firm's pricing. The cost of a prenuptial agreement in the state varies depending on the specific law firm's rates, the complexity of the couple's finances and the amount of negotiations.

What is the cheapest way to get a prenup in Colorado?

For many couples, the "cheapest way" is to use a reputable online prenuptial agreement platform and then have a Colorado-licensed family law attorney review the completed agreement. HelloPrenup offers a wide selection of Colorado-licensed attorneys who can review a Colorado agreement. Doing it this way can cost significantly less than having two attorneys draft an agreement from scratch while still providing legal guidance tailored to your circumstances.

How much does a prenup lawyer cost in Colorado?

The cost of hiring a Colorado prenup attorney depends on the lawyer's hourly rate, the complexity of the agreement, and the amount of negotiation involved. The state average of attorney hourly rates in Colorado is $321 per hour. Attorneys with more experience or those practicing in higher-cost areas, such as Denver or Boulder, often charge higher rates than lawyers in smaller markets. Couples with businesses, significant investments, trusts, multiple real estate holdings, or customized provisions should also expect higher legal fees because these agreements require additional drafting and negotiation. Many attorneys offer either hourly billing or flat-fee packages for prenuptial agreements, so it's worth discussing pricing options during the initial consultation.

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How to get a prenup in Colorado

How do you get a prenup in Colorado?

The best time to start the prenuptial agreement process is several months before the wedding. This gives both people time to discuss their goals, exchange complete financial information, negotiate the terms, and seek independent legal advice if they choose. Colorado law requires meaningful financial disclosure before signing, making accurate disclosure of assets, income, debts, and other financial obligations an essential part of the process. See Colo. Rev. Stat. § 14-2-309.

Although Colorado does not require either party to hire an attorney, independent legal counsel is strongly recommended and can help strengthen the agreement if it is later challenged. Once the terms are finalized, the agreement should be signed well before the wedding to avoid any claims that it was signed under pressure or without sufficient time for review.

Can you create your own prenup in Colorado?

Technically, yes. Colorado law does not require an attorney to draft a premarital agreement. However, self-drafted agreements carry substantially greater risk. Even small drafting mistakes can create ambiguity or fail to comply with Colorado's statutory requirements, increasing the likelihood that portions of the agreement (or the entire prenup) could later be challenged. This is particularly true when couples own businesses, expect significant inheritances, have children from previous relationships, or intend to waive or modify spousal maintenance.

Can an online prenup be valid in Colorado?

Yes. Colorado law does not require that a prenup be prepared in a lawyer's office. An online prenuptial agreement may be enforceable as long as it satisfies Colorado's statutory requirements (Colo. Rev. Stat. §§ 14-2-301 through 14-2-313), including:

• being in writing;
• being signed by both parties;
• voluntary execution;
• adequate financial disclosure;
• compliance with the requirements regarding independent legal representation and waiver language when applicable.

Regardless of how the agreement is prepared, its enforceability depends on whether it complies with Colorado law, not where it was created.

Caselaw & enforceability

Are prenups enforceable in Colorado?

Yes. Colorado courts routinely enforce properly drafted prenuptial agreements. The state's Uniform Premarital and Marital Agreements Act begins with a presumption that a signed agreement is enforceable. (Colo. Rev. Stat. § 14-2-309(1)). The spouse challenging the agreement bears the burden of proving that one or more statutory grounds for unenforceability exists.

How hard is it to break a prenup in Colorado?

Relatively difficult, given that Colorado has enacted its own version of the UPMAA, which favors prenuptial agreements. It also depends on how the agreement was prepared. A carefully drafted agreement that complies with Colorado's statutory requirements is often difficult to overturn.

By contrast, agreements prepared shortly before the wedding, without adequate disclosure, without meaningful access to independent counsel, or under circumstances suggesting coercion, are more vulnerable to challenge. Colorado's current statute provides specific grounds upon which a party may contest enforcement, making the analysis far more structured than under older common-law standards.

Can a judge throw out a prenup in Colorado?

Yes. A court may refuse to enforce all or part of a prenuptial agreement if the person challenging it proves one of the statutory grounds for unenforceability, such as unconscionability or involuntariness. In addition, certain provisions, particularly those affecting spousal maintenance or attorney's fees, may become unenforceable if they are unconscionable at the time enforcement is sought, even if they were reasonable when originally signed. The determination of unconscionability is made by the court as a matter of law.

What can void a prenup in Colorado?

A Colorado court may decline to enforce a premarital agreement if the challenging spouse proves, among other things, that:

• they signed involuntarily or under duress;
• they did not have meaningful access to independent legal representation;
• the required statutory waiver language was omitted when applicable;
• they did not receive adequate financial disclosure before signing.

Not every drafting error invalidates an agreement. Courts focus on whether the statutory requirements were satisfied and whether enforcement would be consistent with Colorado law.

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Duration & after-marriage

How long does a prenup last in Colorado?

A Colorado prenuptial agreement remains effective forever unless:

• the agreement itself provides an expiration date (sometimes called a "sunset clause");
• the parties revoke it;
• the parties amend it; or
• a court determines that all or part of the agreement is unenforceable.

Many couples intentionally draft agreements that remain in effect throughout the marriage, while others choose to allow only certain clauses, such as spousal maintenance waivers, to expire after a specific amount of time passes.

Can you get a prenup after marriage in Colorado?

Not exactly. Once the wedding has occurred, spouses can no longer sign a prenuptial agreement because they are already married, but they may sign a postnuptial agreement (also called a marital agreement). In fact, Colorado law expressly authorizes spouses to enter into a postnuptial agreement under the same statutory framework found in the Uniform Premarital and Marital Agreements Act. (Colo. Rev. Stat. § 14-2-302).

Can you change a prenup in Colorado?

Yes. Spouses may amend or revoke a prenuptial agreement after marriage. Any amendment or revocation must satisfy Colorado's statutory requirements, including being in a written record signed by both spouses. Oral modifications are not enforceable. (Colo. Rev. Stat. § 14-2-309). Couples often decide to amend a prenuptial agreement because finances have changed significantly, one party has decided to forgo their career to stay home with their children, or another significant life change.

Cross-border & recognition

Is a prenup signed in another state valid in Colorado?

Often, yes. Colorado generally recognizes prenuptial agreements that were validly executed under the law governing the agreement, particularly when the agreement contains an enforceable choice-of-law provision. However, if enforcement is sought in Colorado, the agreement may still be reviewed under Colorado's public policy and applicable conflict-of-law principles. A court may refuse to enforce provisions that conflict with Colorado's statutory protections or public policy.

Because interstate issues can become complex, couples who relocate to Colorado should consider having an attorney review an existing agreement to ensure it remains enforceable under current Colorado law.

What happens to my Colorado prenup if I move to another state?

Moving does not automatically invalidate your prenuptial agreement. Many states honor agreements that were valid where they were executed, particularly when the agreement includes a carefully drafted choice-of-law provision identifying which state's law governs its interpretation.

That said, each state applies its own conflict-of-law rules and public policy exceptions. If you later divorce in another state, that court will determine whether to enforce your Colorado agreement and which state's law applies to particular issues.